Criminal

Where jury convicted a defendant of attempted Hobbs Act extortion and attempting to collect an extension of credit by extortionate means, the latter conviction must be reversed because the evidence does not show that the defendant made an extension of ...

Where a U.S. District Court judge refused to hold an evidentiary hearing on a defendant’s motion to suppress his confession, the defendant’s petition for rehearing en banc should be denied based on the vote of a majority of 1st Circuit ...

Where the defendant violated the conditions of his supervised release by committing a second drug crime, the U.S. District Court judge’s decision to impose his revocation sentence consecutively to, rather than concurrently with, his sentence for the second crime did ...

Where the commonwealth has moved for an order requiring production of a personal identification number access code to unlock a cellphone, the motion should be denied because the commonwealth has not demonstrated with reasonable particularity that the defendant possesses the ...

Where a juvenile’s first-degree murder conviction was affirmed on appeal, his subsequent challenge to the denial of his motion for a new trial is subject to the gatekeeper provision (G.L.c. 278, § 33E). “The narrow question before us, here on ...

Where a criminal defendant has raised an allegation of juror misconduct, a new trial is not warranted, as the credible testimony of the jurors has not revealed that a jury member authored a comment on a blog. “… Defendant initially ...

Where a defendant moved to withdraw his guilty plea to possession with intent to distribute a Class B substance because of the commonwealth’s misconduct in a prior case of his involving the chemist Sonja Farak, an order denying that motion ...

Where the government seeks to correct the sentence imposed on the defendant to include an order of restitution to Norfolk & Dedham Mutual Fire Insurance Co. for the expenses it incurred investigating his fraudulent insurance claim, as required by the ...

Where the defendant seeks to suppress evidence obtained as a result of a wiretap on his cellphone and a warranted search of two apartments, both motions must be denied, as (1) the wiretap of his cellphone was not unlawful and ...

Where the defendant, claiming governmental misconduct, seeks to dismiss the charges against him, the motion should be denied because there is not merit to his allegations of (1) perjured testimony to the grand jury, and (2) spoliation of three items ...